Sometimes, very terrible events can led to important court rulings that hopefully will lead to better outcomes in the future. The rape of a hotel housekeeping worker led the California Court of Appeal to consider whether the victimized employee could sue her employer for violating the Fair Employment and Housing Act. The court ruled that, due to the actions taken and not taken in this circumstance, the woman could proceed with her claim of employer liability for non-employee sexual harassment. The case is a reminder that the potential for a recovery in civil court may potentially exist in a wide array of employment situations, so it is wise to consult with knowledgeable California sexual harassment counsel about your case.
The employee who sued her employer in this case, called “M.F.” by the courts, was a housekeeping worker at a hotel in San Diego. According to the housekeeper, the events that led to her injury and legal action began early one morning when a drunk man, who was not a guest of the hotel, was spotted wandering around the hotel property by the hotel’s engineering manager, who, despite seeing the man multiple times, reported nothing about the trespasser.
After that, the drunk man allegedly began approaching various housekeeping workers, offering them cash for sexual favors. One worker reported her encounter to a housekeeping manager. Although housekeeping management made efforts to check on the safety of the workers, they missed the second floor of one building, which happened to be where M.F. was working, according to the lawsuit. The drunk man encountered M.F. cleaning a room, blocked her exit, and, when she tried to leave, knocked her unconscious. He then spent the next two hours raping her.